The Pulaski County Attorney's Office is committed to protecting local businesses and holding individuals accountable for the issuance of worthless checks, commonly referred to as “cold checks.” Writing a cold check is a criminal offense under Kentucky law and can have a significant financial impact on businesses and the community as a whole. Each year, millions of bad checks are written nationwide, resulting in substantial losses for merchants and increased costs for consumers. In an effort to combat this problem locally, the Pulaski County Attorney’s Office administers a Cold Check Enforcement Program designed to assist businesses in recovering restitution while promoting accountability and compliance with Kentucky law.
Program Overview
The Cold Check Enforcement Program allows participating merchants to submit qualifying worthless checks to the County Attorney’s Office for collection and possible criminal prosecution. The goal of the program is to recover restitution for merchants while providing offenders an opportunity to resolve the matter before formal prosecution occurs. Participation in the program is free for merchants. All restitution, merchant fees, and administrative costs are paid by the individual who issued the worthless check.
To avoid criminal prosecution, the check writer must generally pay:
The full amount of the check;
A merchant handling fee of $50.00; and
A $50.00 program administration fee payable to the County Attorney’s Office.
Once restitution has been received and processed, payments are typically forwarded to the merchant within approximately fourteen (14) days.
What Qualifies as a Cold Check?
Under Kentucky law, a cold check generally involves a person knowingly issuing a check for property or services when there are insufficient funds or no valid account available to cover the check. Common reasons a bank may dishonor a check include:
Insufficient funds;
Closed account; or
No account found.
However, not all dishonored checks qualify for criminal prosecution. Certain types of checks are considered civil matters rather than criminal offenses and are generally not eligible for the Cold Check Enforcement Program. Examples may include:
Rent payments;
Payment of pre-existing debts (other than child support obligations);
Stop-payment checks; and
Third-party checks.
Although these matters may not qualify for criminal prosecution, merchants may still pursue recovery through civil court proceedings when appropriate.
Merchant Participation
Local businesses interested in participating in the Cold Check Enforcement Program are encouraged to contact the Pulaski County Attorney's Office for additional information regarding eligibility requirements, procedures, and submission guidelines.
For more information about the Cold Check Enforcement Program or to become a participating merchant, please contact the office and ask to speak with June Wesley.
IMPORTANT INFORMATION
In order for the Pulaski County Attorney's Office to pursue prosecution on a cold check complaint, sufficient identifying information regarding the check writer must be provided. Establishing positive identification is essential and may generally be accomplished in one of the following ways:
A valid photo identification was presented, verified, and documented at the time the check was accepted; or
The individual accepting the check is able to positively identify the person who wrote the check.
Whenever possible, please include the name of the employee or individual who can positively identify the check writer when submitting a cold check complaint.